...contract have effect — first presumption, — prima facie lex loci contractus is the proper law, second presumption is, if one contract is made in one country and is to be performed in another, either...they should have, as reasonable men, formed. They are free to choose the connecting factors such as the lex loci contractus and the lex loci solutionis but having done this their intention is taken to be...wholly or partly then the proper law of the contract may be presumed to be lex loci solutionis.13. Tests laid down by Halsbury, 3rd Edition, Vol. VII at pp. 72-3 and Mcgillivary are...

...them is the lex loci contractus. The lex loci is lie law of England; the defendants are therefore in our opinion common carriers and the English law as to common carriers applies to them...

...of Laws, Seventh Edn., p. 738, on which the statement of the law in Pollock and Mulla is based.29. Whether the proper law is the lex loci contractus or lex loci....28. It was contended lastly that the law applicable to the case is the lex loci solutionis, that is to say, the law of British East Africa. Reference was made to a passage from...

...contract. English law in deciding these matters has refused to treat as conclusive, rigid or arbitrary, criteria such as lex loci contractus or lex loci solutionis, and has treated the matter as...contends that the law of the contract should be lex loci solutionis. It was, however, pointed out by the Judicial Committee in 1938 A.C 2242 that the law of the contract depends upon...

...apply to him.As the argument that the lex loci contractus must determine the contractual capacity, it is to be observed that, though American and English authorities have expressed..., O.J, in Sottomayor v. De Barros(2). It is therefore by no means so clear or certain that there is any rule of international law which recognises the lex loci contractus as governing...loci contractus to be applicable to them, that the only other provision of Indian Law which is germane to the matter, is the provision contained in s. 11 of the Contract Act...

...Article 174, quoted by my brother. According to Westlake, whatever might be the case of a suit for foreclosure, there is no doubt that a suit for redemption is governed by the' lex loci contractus and not...the lex loci situs of the mortgaged property. The validity or otherwise of the mortgage will be judged by the lex situs, but that of the debt or contract will be judged by the lex contractus. It is...becomes the proper law of the contract. If it is not possible even to infer the intention, the proper law of the contract is presumed to be the lex loci contractus. This presumption is stronger when...

...contractus and lex laci solutionis.29. Lex loci contractus is one of those unlucky notions in jurisprudence which have always blushed unseen. Lord Mansfield, the great builder of Law...Merchant, is said to be responsible for the withering criticism of lex loci contractus. In Robson v. Bland, (1760) 2 Burr. 1077, Lord Mansfield pronouncing in favour of applying the English...with an express view to the law of another country.”30. This doctrine of “view to the law of another country” has considerably modified the application of the rule of lex loci contractus...

...(ii) and how far on the law of the place where the marriage is contracted (lex loci contractus) and the provisions of the Act makes it clear that the form of marriage under the Act makes it a matter...provided under the provisions of the Act.12. It is no doubt an important question how far the validity of a marriage depends upon the law of the domicil of the parties lex loci domicil...Lex loci. In the result, therefore, the writ petition is allowed and the first respondent is hereby directed to solemnize the marriage between the writ petitioners under the provisions of the Act and...

...seat neither of the lex fori nor of lex loci contractus. It appears to me that there is ample evidence in the probabilities of the case and the whole admitted relation between the parties to show that...

...result follows. If parties are married according to the forms of the lex loci contractus, it cannot, in my view, be suggested that is not a valid marriage in the country where the marriage took place....”So far, therefore, as the lex loci contractus is concerned, neither of the parties could, in my opinion, be heard to say that he or she intended a marriage of a character other than...law: (1) the forms necessary to constitute a valid marriage and the construction of the marriage contract depend on the lex loci contractus; (2) on marriage the wife automatically acquires the domicile...

...therein only as the consideration for the promise to pay it with interest within twelve months after date. It is the lex loci contractus that determines, the validity of a contract made in a foreign...of procedure governed by the lex fori. Though the account stated is mentioned in the plaint, it is mentioned as part of the transaction evidenced by the document and not as a distinct ground of claim...

...states as the first presumption, in the matter: ‘Prima facie the proper law of, the contract is presumed to be the law of the country where the contract is made (lex loci contractus) and as a second...the contract. English Law, in deciding these matters, has refused to treat as conclusive, rigid or arbitrary criteria such as lex loci contractus or lex loci solutionis and has treated the matter as...performance is to take place (lex loci solutionis). The principle is however stated in Cheshire's Private International Law, 5th edn page 241:“Despite the invariable reference by the...

...necessary to constitute a valid marriage and the construction of the marriage contract depend on the lex loci contractus, that is, the law of the place where the marriage ceremony is performed; (2) on...be of the character recognised by the law of the wife's country, irrespective of the domicile of the husband, seems to me to amount to a substitution of the lex loci contracts for the lex domicilli as...marriage the wife automatically acquires the domicile of her husband; (3) the status of spouses and their rights and obligations arising under the marriage contract are governed by the lex domicilli...

...resolved in accordance with the law of this country, both under the principles of lex loci contractus as well as lex situs. The Union of India has indubitably the jurisdiction and obligation in the...

...Section 80 of the Indian Railways Act. It is an accepted principle of private international law that En a case of this nature the lex loci contractus will apply...

...law. It is clear that the lex loci contractus was British and that no such question arises as in the case of In re Missouri Steamship Co. 42 Ch. D. 321. By British law there is no illegality in a rebate...

...the law to be applied to a particular case is the lex loci contractus or the lex reisitae or some other law, and it is necessary that one of them should be applied and not two which might be..., such a phrase as “where the contract is made” has to be determined in like manner. The theory or idea is that the contract is made in one place and not more. I take it that in exactly the same way, under...

...Forwarding Railway in the Indian territory. India and Pakistan are two independent sovereign powers, and by the doctrine of lex loci contractus, Section 80, cannot apply beyond the territories of India; nor...

...proper law of the contract is presumed to be the law of the country where the contract is made (lex loci contractus);(b) When the contract is made in one country, and is to be performed...either wholly or partly in another, then the proper law of the contract is presumed to be the law of the country where the performance is to take place (lex loci solutionis).(4) These...was enforceable by the lex contractus or lex solutionis, the matter for consideration is whether the contract was unenforceable in Jodhpur as being contrary to the public policy or the law in Marwar...